| Matter of Anderson v Donovan |
| Motion No: 2006-07642 |
| Slip Opinion No: 2006 NYSlipOp 82396(U) |
| Decided on December 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M48459
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-07642 In the Matter of Enolia Anderson, petitioner- respondent, v Shaun Donovan, etc., appellant, et al., respondent. (Index No. 39135/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent on an appeal from a judgment of the Supreme Court, Kings County, dated June 23, 2006, to vacate the automatic stay of enforcement of the judgment pursuant to CPLR 5519(a)(1), to stay any proceedings to evict her from the subject premises pending hearing and determination of the appeal, for a preference in the calendaring of the appeal, for an expedited briefing schedule, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the automatic stay pursuant to CPLR 5519(a)(1) is granted, and the automatic stay is vacated forthwith; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court